Mr Madison & Mr Govr Morris moved to insert after the word "controversies" the words "to which the U. S. shall be a party," which was agreed to nem: con:
Docr Johnson moved to insert the words "this Constitution and the" before the word "laws."
Mr Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising under the Constitution & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department.
The motion of Docr Johnson was agreed to nem: con: it being generally supposed that the jurisdiction given was constructively limited to cases of a Judiciary nature.
On motion of Mr Rutlidge the words "passed by the Legislature" were struck out, and after the words "U. S." were inserted nem. con: the words "and treaties made or which shall be made under their authority" conformably to a preceding amendment in another place.
The clause "in cases of impeachment," was postponed.
Mr Govr Morris wished to know what was meant by the words "In all the cases before-mentioned it (jurisdiction) shall be appellate with such exceptions &c.," whether it extended to matters of fact as well as law–and to cases of common law as well as civil law.
Mr Wilson. The Committee he believed meant facts as well as law & Common as well as Civil law. The jurisdiction of the federal Court of Appeals had he said been so construed.
Mr Dickinson moved to add after the word "appellate" the words "both as to law & fact" which was agreed to nem: con:
Mr Madison & Mr Govr Morris moved to strike out the beginning of the 3d sect. "The jurisdiction of the supreme Court" & to insert the words "the Judicial power" which was agreed to nem: con: